Texas Code of Criminal Procedure 56A.052 – Additional Rights of Victims of Sexual Assault, Indecent Assault, Stalking, or Trafficking
Terms Used In Texas Code of Criminal Procedure 56A.052
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(a) A victim, guardian of a victim, or close relative of a deceased victim of an offense under § 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal Code, is entitled to the following rights within the criminal justice system:
(1) if requested, the right to a disclosure of information, in the manner provided by Article 56A.0525, regarding:
(A) any evidence that was collected during the investigation of the offense, unless disclosing the information would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which that information is expected to be disclosed; and
(B) the status of any analysis being performed on any evidence described by Paragraph (A);
(2) if requested, the right to be notified in the manner provided by Article 56A.0525:
(A) at the time a request is submitted to a crime laboratory to process and analyze any evidence that was collected during the investigation of the offense;
(B) at the time of the submission of a request to compare any biological evidence collected during the investigation of the offense with DNA profiles maintained in a state or federal DNA database; and
(C) of the results of the comparison described by Paragraph (B), unless disclosing the results would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which those results are expected to be disclosed;
(3) if requested, the right to counseling regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection;
(4) if requested, the right to be informed about, and confer with the attorney representing the state regarding, the disposition of the offense, including sharing the victim’s, guardian’s, or relative’s views regarding:
(A) a decision not to file charges;
(B) the dismissal of charges;
(C) the use of a pretrial intervention program; or
(D) a plea bargain agreement; and
(5) for the victim, the right to:
(A) testing for acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS; and
(B) a forensic medical examination as provided by Subchapter G.